We have now to consider what and what kind of government is suitable to what and what kind of men. I may begin by assuming, as a general principle common to all governments, that the portion of the state which desires the permanence of the constitution ought to be stronger than that which desires the reverse. Now every city is composed of quality and quantity. By quality I mean freedom, wealth, education, good birth, and by quantity, superiority of numbers. Quality may exist in one of the classes which make up the state, and quantity in the other. For example, the meanly-born may be more in number than the well-born, or the poor than the rich, yet they may not so much exceed in quantity as they fall short in quality; and therefore there must be a comparison of quantity and quality. Where the number of the poor is more than proportioned to the wealth of the rich, there will naturally be a democracy, varying in form with the sort of people who compose it in each case. If, for example, the husbandmen exceed in number, the first form of democracy will then arise; if the artisans and laboring class, the last; and so with the intermediate forms. But where the rich and the notables exceed in quality more than they fall short in quantity, there oligarchy arises, similarly assuming various forms according to the kind of superiority possessed by the oligarchs.
The legislator should always include the middle class in his government; if he makes his laws oligarchical, to the middle class let him look; if he makes them democratical, he should equally by his laws try to attach this class to the state. There only can the government ever be stable where the middle class exceeds one or both of the others, and in that case there will be no fear that the rich will unite with the poor against the rulers. For neither of them will ever be willing to serve the other, and if they look for some form of government more suitable to both, they will find none better than this, for the rich and the poor will never consent to rule in turn, because they mistrust one another. The arbiter is always the one trusted, and he who is in the middle is an arbiter. The more perfect the admixture of the political elements, the more lasting will be the constitution. Many even of those who desire to form aristocratical governments make a mistake, not only in giving too much power to the rich, but in attempting to overreach the people. There comes a time when out of a false good there arises a true evil, since the encroachments of the rich are more destructive to the constitution than those of the people.
The devices by which oligarchies deceive the people are five in number; they relate to (1) the assembly; (2) the magistracies; (3) the courts of law; (4) the use of arms; (5) gymnastic exercises. (1) The assemblies are thrown open to all, but either the rich only are fined for non-attendance, or a much larger fine is inflicted upon them. (2) to the magistracies, those who are qualified by property cannot decline office upon oath, but the poor may. (3) In the law courts the rich, and the rich only, are fined if they do not serve, the poor are let off with impunity, or, as in the laws of Charondas, a larger fine is inflicted on the rich, and a smaller one on the poor. In some states all citizen who have registered themselves are allowed to attend the assembly and to try causes; but if after registration they do not attend either in the assembly or at the courts, heavy fines are imposed upon them. The intention is that through fear of the fines they may avoid registering themselves, and then they cannot sit in the law-courts or in the assembly. concerning (4) the possession of arms, and (5) gymnastic exercises, they legislate in a similar spirit. For the poor are not obliged to have arms, but the rich are fined for not having them; and in like manner no penalty is inflicted on the poor for non-attendance at the gymnasium, and consequently, having nothing to fear, they do not attend, whereas the rich are liable to a fine, and therefore they take care to attend.
These are the devices of oligarchical legislators, and in democracies they have counter devices. They pay the poor for attending the assemblies and the law-courts, and they inflict no penalty on the rich for non-attendance. It is obvious that he who would duly mix the two principles should combine the practice of both, and provide that the poor should be paid to attend, and the rich fined if they do not attend, for then all will take part; if there is no such combination, power will be in the hands of one party only. The government should be confined to those who carry arms. As to the property qualification, no absolute rule can be laid down, but we must see what is the highest qualification sufficiently comprehensive to secure that the number of those who have the rights of citizens exceeds the number of those excluded. Even if they have no share in office, the poor, provided only that they are not outraged or deprived of their property, will be quiet enough.
But to secure gentle treatment for the poor is not an easy thing, since a ruling class is not always humane. And in time of war the poor are apt to hesitate unless they are fed; when fed, they are willing enough to fight. In some states the government is vested, not only in those who are actually serving, but also in those who have served; among the Malians, for example, the governing body consisted of the latter, while the magistrates were chosen from those actually on service. And the earliest government which existed among the Hellenes, after the overthrow of the kingly power, grew up out of the warrior class, and was originally taken from the knights (for strength and superiority in war at that time depended on cavalry; indeed, without discipline, infantry are useless, and in ancient times there was no military knowledge or tactics, and therefore the strength of armies lay in their cavalry). But when cities increased and the heavy armed grew in strength, more had a share in the government; and this is the reason why the states which we call constitutional governments have been hitherto called democracies. Ancient constitutions, as might be expected, were oligarchical and royal; their population being small they had no considerable middle class; the people were weak in numbers and organization, and were therefore more contented to be governed.
I have explained why there are various forms of government, and why there are more than is generally supposed; for democracy, as well as other constitutions, has more than one form: also what their differences are, and whence they arise, and what is the best form of government, speaking generally and to whom the various forms of government are best suited; all this has now been explained.
Having thus gained an appropriate basis of discussion, we will proceed to speak of the points which follow next in order. We will consider the subject not only in general but with reference to particular constitutions. All constitutions have three elements, concerning which the good lawgiver has to regard what is expedient for each constitution. When they are well-ordered, the constitution is well-ordered, and as they differ from one another, constitutions differ. There is (1) one element which deliberates about public affairs; secondly (2) that concerned with the magistrates- the question being, what they should be, over what they should exercise authority, and what should be the mode of electing to them; and thirdly (3) that which has judicial power.
The deliberative element has authority in matters of war and peace, in making and unmaking alliances; it passes laws, inflicts death, exile, confiscation, elects magistrates and audits their accounts. These powers must be assigned either all to all the citizens or an to some of them (for example, to one or more magistracies, or different causes to different magistracies), or some of them to all, and others of them only to some. That all things should be decided by all is characteristic of democracy; this is the sort of equality which the people desire. But there are various ways in which all may share in the government; they may deliberate, not all in one body, but by turns, as in the constitution of Telecles the Milesian. There are other constitutions in which the boards of magistrates meet and deliberate, but come into office by turns, and are elected out of the tribes and the very smallest divisions of the state, until every one has obtained office in his turn. The citizens, on the other hand, are assembled only for the purposes of legislation, and to consult about the constitution, and to hear the edicts of the magistrates. In another variety of democracy the citizen form one assembly, but meet only to elect magistrates, to pass laws, to advise about war and peace, and to make scrutinies. Other matters are referred severally to special magistrates, who are elected by vote or by lot out of all the citizens Or again, the citizens meet about election to offices and about scrutinies, and deliberate concerning war or alliances while other matters are administered by the magistrates, who, as far as is possible, are elected by vote. I am speaking of those magistracies in which special knowledge is required. A fourth form of democracy is when all the citizens meet to deliberate about everything, and the magistrates decide nothing, but only make the preliminary inquiries; and that is the way in which the last and worst form of democracy, corresponding, as we maintain, to the close family oligarchy and to tyranny, is at present administered. All these modes are democratical.
On the other hand, that some should deliberate about all is oligarchical. This again is a mode which, like the democratical has many forms. When the deliberative class being elected out of those who have a moderate qualification are numerous and they respect and obey the prohibitions of the law without altering it, and any one who has the required qualification shares in the government, then, just because of this moderation, the oligarchy inclines towards polity. But when only selected individuals and not the whole people share in the deliberations of the state, then, although, as in the former case, they observe the law, the government is a pure oligarchy. Or, again, when those who have the power of deliberation are self-elected, and son succeeds father, and they and not the laws are supreme - the government is of necessity oligarchical. Where, again, particular persons have authority in particular matters - for example, when the whole people decide about peace and war and hold scrutinies, but the magistrates regulate everything else, and they are elected by vote - there the government is an aristocracy. And if some questions are decided by magistrates elected by vote, and others by magistrates elected by lot, either absolutely or out of select candidates, or elected partly by vote, partly by lot- these practices are partly characteristic of an aristocratical government, and party of a pure constitutional government.
These are the various forms of the deliberative body; they correspond to the various forms of government. And the government of each state is administered according to one or other of the principles which have been laid down. Now it is for the interest of democracy, according to the most prevalent notion of it (I am speaking of that extreme form of democracy in which the people are supreme even over the laws), with a view to better deliberation to adopt the custom of oligarchies respecting courts of law. For in oligarchies the rich who are wanted to be judges are compelled to attend under pain of a fine, whereas in democracies the poor are paid to attend. And this practice of oligarchies should be adopted by democracies in their public assemblies, for they will advise better if they all deliberate together- the people with the notables and the notables with the people. It is also a good plan that those who deliberate should be elected by vote or by lot in equal numbers out of the different classes; and that if the people greatly exceed in number those who have political training, pay should not be given to all, but only to as many as would balance the number of the notables, or that the number in excess should be eliminated by lot. But in oligarchies either certain persons should be co-opted from the mass, or a class of officers should be appointed such as exist in some states who are termed probuli and guardians of the law; and the citizens should occupy themselves exclusively with matters on which these have previously deliberated; for so the people will have a share in the deliberations of the state, but will not be able to disturb the principles of the constitution. Again, in oligarchies either the people ought to accept the measures of the government, or not to pass anything contrary to them; or, if all are allowed to share in counsel, the decision should rest with the magistrates. The opposite of what is done in constitutional governments should be the rule in oligarchies; the veto of the majority should be final, their assent not final, but the proposal should be referred back to the magistrates. Whereas in constitutional governments they take the contrary course; the few have the negative, not the affirmative power; the affirmation of everything rests with the multitude.
These, then, are our conclusions respecting the deliberative, that is, the supreme element in states.
Next we will proceed to consider the distribution of offices; this too, being a part of politics concerning which many questions arise: What shall their number be? Over what shall they preside, and what shall be their duration? Sometimes they last for six months, sometimes for less; sometimes they are annual, while in other cases offices are held for still longer periods. Shall they be for life or for a long term of years; or, if for a short term only, shall the same persons hold them over and over again, or once only? Also about the appointment to them- from whom are they to be chosen, by whom, and how? We should first be in a position to say what are the possible varieties of them, and then we may proceed to determine which are suited to different forms of government. But what are to be included under the term 'offices'? That is a question not quite so easily answered. For a political community requires many officers; and not every one who is chosen by vote or by lot is to be regarded as a ruler. In the first place there are the priests, who must be distinguished from political officers; masters of choruses and heralds, even ambassadors, are elected by vote. Some duties of superintendence again are political, extending either to all the citizens in a single sphere of action, like the office of the general who superintends them when they are in the field, or to a section of them only, like the inspectorships of women or of youth. Other offices are concerned with household management, like that of the corn measurers who exist in many states and are elected officers. There are also menial offices which the rich have executed by their slaves. Speaking generally, those are to be called offices to which the duties are assigned of deliberating about certain measures and of judging and commanding, especially the last; for to command is the especial duty of a magistrate. But the question is not of any importance in practice; no one has ever brought into court the meaning of the word, although such problems have a speculative interest.
What kinds of offices, and how many, are necessary to the existence of a state, and which, if not necessary, yet conduce to its well being are much more important considerations, affecting all constitutions, but more especially small states. For in great states it is possible, and indeed necessary, that every office should have a special function; where the citizens are numerous, many may hold office. And so it happens that some offices a man holds a second time only after a long interval, and others he holds once only; and certainly every work is better done which receives the sole, and not the divided attention of the worker. But in small states it is necessary to combine many offices in a few hands, since the small number of citizens does not admit of many holding office: for who will there be to succeed them? And yet small states at times require the same offices and laws as large ones; the difference is that the one want them often, the others only after long intervals. Hence there is no reason why the care of many offices should not be imposed on the same person, for they will not interfere with each other. When the population is small, offices should be like the spits which also serve to hold a lamp. We must first ascertain how many magistrates are necessary in every state, and also how many are not exactly necessary, but are nevertheless useful, and then there will be no difficulty in seeing what offices can be combined in one. We should also know over which matters several local tribunals are to have jurisdiction, and in which authority should be centralized: for example, should one person keep order in the market and another in some other place, or should the same person be responsible everywhere? Again, should offices be divided according to the subjects with which they deal, or according to the persons with whom they deal: I mean to say, should one person see to good order in general, or one look after the boys, another after the women, and so on? Further, under different constitutions, should the magistrates be the same or different? For example, in democracy, oligarchy, aristocracy, monarchy, should there be the same magistrates, although they are elected, not out of equal or similar classes of citizen but differently under different constitutions- in aristocracies, for example, they are chosen from the educated, in oligarchies from the wealthy, and in democracies from the free- or are there certain differences in the offices answering to them as well, and may the same be suitable to some, but different offices to others? For in some states it may be convenient that the same office should have a more extensive, in other states a narrower sphere. Special offices are peculiar to certain forms of government: for example that of probuli, which is not a democratic office, although a bule or council is. There must be some body of men whose duty is to prepare measures for the people in order that they may not be diverted from their business; when these are few in number, the state inclines to an oligarchy: or rather the probuli must always be few, and are therefore an oligarchical element. But when both institutions exist in a state, the probuli are a check on the council; for the counselors is a democratic element, but the probuli are oligarchical. Even the power of the council disappears when democracy has taken that extreme form in which the people themselves are always meeting and deliberating about everything. This is the case when the members of the assembly receive abundant pay; for they have nothing to do and are always holding assemblies and deciding everything for themselves. A magistracy which controls the boys or the women, or any similar office, is suited to an aristocracy rather than to a democracy; for how can the magistrates prevent the wives of the poor from going out of doors? Neither is it an oligarchical office; for the wives of the oligarchs are too fine to be controlled.
Enough of these matters. I will now inquire into appointments to offices. The varieties depend on three terms, and the combinations of these give all possible modes: first, who appoints? secondly, from whom? and thirdly, how? Each of these three admits of three varieties: (A) All the citizens, or (B) only some, appoint. Either (1) the magistrates are chosen out of all or (2) out of some who are distinguished either by a property qualification, or by birth, or merit, or for some special reason, as at Megara only those were eligible who had returned from exile and fought together against the democracy. They may be appointed either (a) by vote or (b) by lot. Again, these several varieties may be coupled, I mean that (C) some officers may be elected by some, others by all, and (3) some again out of some, and others out of all, and (c) some by vote and others by lot. Each variety of these terms admits of four modes.
For either (A 1 a) all may appoint from all by vote, or (A 1 b) all from all by lot, or (A 2 a) all from some by vote, or (A 2 b) all from some by lot (and from all, either by sections, as, for example, by tribes, and wards, and phratries, until all the citizens have been gone through; or the citizens may be in all cases eligible indiscriminately); or again (A 1 c, A 2 c) to some offices in the one way, to some in the other. Again, if it is only some that appoint, they may do so either (B 1 a) from all by vote, or (B 1 b) from all by lot, or (B 2 a) from some by vote, or (B 2 b) from some by lot, or to some offices in the one way, to others in the other, i.e., (B 1 c) from all, to some offices by vote, to some by lot, and (B 2 C) from some, to some offices by vote, to some by lot. Thus the modes that arise, apart from two (C, 3) out of the three couplings, number twelve. Of these systems two are popular, that all should appoint from all (A 1 a) by vote or (A 1 b) by lot- or (A 1 c) by both. That all should not appoint at once, but should appoint from all or from some either by lot or by vote or by both, or appoint to some offices from all and to others from some ('by both' meaning to some offices by lot, to others by vote), is characteristic of a polity. And (B 1 c) that some should appoint from all, to some offices by vote, to others by lot, is also characteristic of a polity, but more oligarchical than the former method. And (A 3 a, b, c, B 3 a, b, c) to appoint from both, to some offices from all, to others from some, is characteristic of a polity with a leaning towards aristocracy. That (B 2) some should appoint from some is oligarchical- even (B 2 b) that some should appoint from some by lot (and if this does not actually occur, it is none the less oligarchical in character), or (B 2 C) that some should appoint from some by both. (B 1 a) that some should appoint from all, and (A 2 a) that all should appoint from some, by vote, is aristocratic.
These are the different modes of constituting magistrates, and these correspond to different forms of government: which are proper to which, or how they ought to be established, will be evident when we determine the nature of their powers. By powers I mean such powers as a magistrate exercises over the revenue or in defense of the country; for there are various kinds of power: the power of the general, for example, is not the same with that which regulates contracts in the market.
Of the three parts of government, the judicial remains to be considered, and this we shall divide on the same principle. There are three points on which the variedes of law-courts depend: The persons from whom they are appointed, the matters with which they are concerned, and the manner of their appointment. I mean, (1) are the judges taken from all, or from some only? (2) how many kinds of law-courts are there? (3) are the judges chosen by vote or by lot?
First, let me determine how many kinds of law-courts there are. There are eight in number: One is the court of audits or scrutinies; a second takes cognizance of ordinary offenses against the state; a third is concerned with treason against the constitution; the fourth determines disputes respecting penalties, whether raised by magistrates or by private persons; the fifth decides the more important civil cases; the sixth tries cases of homicide, which are of various kinds, (a) premeditated, (b) involuntary, (c) cases in which the guilt is confessed but the justice is disputed; and there may be a fourth court (d) in which murderers who have fled from justice are tried after their return; such as the Court of Phreatto is said to be at Athens. But cases of this sort rarely happen at all even in large cities. The different kinds of homicide may be tried either by the same or by different courts. (7) There are courts for strangers: of these there are two subdivisions, (a) for the settlement of their disputes with one another, (b) for the settlement of disputes between them and the citizens. And besides all these there must be (8) courts for small suits about sums of a drachma up to five drachmas, or a little more, which have to be determined, but they do not require many judges.
Nothing more need be said of these small suits, nor of the courts for homicide and for strangers: I would rather speak of political cases, which, when mismanaged, create division and disturbances in constitutions.
Now if all the citizens judge, in all the different cases which I have distinguished, they may be appointed by vote or by lot, or sometimes by lot and sometimes by vote. Or when a single class of causes are tried, the judges who decide them may be appointed, some by vote, and some by lot. These then are the four modes of appointing judges from the whole people, and there will be likewise four modes, if they are elected from a part only; for they may be appointed from some by vote and judge in all causes; or they may be appointed from some by lot and judge in all causes; or they may be elected in some cases by vote, and in some cases taken by lot, or some courts, even when judging the same causes, may be composed of members some appointed by vote and some by lot. These modes, then, as was said, answer to those previously mentioned.
Once more, the modes of appointment may be combined; I mean, that some may be chosen out of the whole people, others out of some, some out of both; for example, the same tribunal may be composed of some who were elected out of all, and of others who were elected out of some, either by vote or by lot or by both.
In how many forms law-courts can be established has now been considered. The first form, viz., that in which the judges are taken from all the citizens, and in which all causes are tried, is democratical; the second, which is composed of a few only who try all causes, oligarchical; the third, in which some courts are taken from all classes, and some from certain classes only, aristocratical and constitutional.
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